Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 53

    (1)     An accredited rail operator may apply to the Safety Director to—

        (a)     vary a condition or restriction of an accreditation; or

        (b)     revoke a condition or restriction of an accreditation.

    (2)     An application must—

        (a)     be in writing; and

        (b)     set out the reasons for the variation or revocation of the condition or restriction.

    (3)     The Safety Director must consider an application he or she receives under this section.

    (4)     The Safety Director may, as the case requires—

        (a)     grant or refuse to grant the variation; or

        (b)     agree or refuse to agree to the revocation.

    (5)     If the Safety Director refuses to grant a variation or refuses to agree to a revocation, the Safety Director must—

        (a)     notify the accredited rail operator—

              (i)     of that refusal; and

              (ii)     that they have a right to seek review of the Safety Director's decision under Part 7; and

        (b)         give the accredited rail operator a statement of reasons for the refusal.

    (6)     A notification under sub-section (5)(a) and a statement of reasons under sub-section (5)(b) must be—

        (a)     in writing; and

        (b)     given to the accredited rail operator as soon as practicable after the Safety Director makes his or her decision to refuse to grant the variation or to agree to the revocation (as the case requires).